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3. While making prayer for bail and suspension of sentence, learned counsel for the appellants submits that for recovery of 5.850 kg of charas, the appellants have been convicted and sentenced to R.I. of 10 years. The appellant Manoj Kumar Gupta has suffered incarceration of more than six years whereas the appellant Sunil Kumar Poddar has suffered incarceration of one year and nine months. He has further submitted that nothing has been recovered from possession of the appellant Sunil Kumar Poddar and his name has figured merely on the basis of confessional statement of the appellant Manoj Kumar Gupta. He has also submitted that not a single witness has been examined by the prosecution rather Government Officials persons have been examined. There is no compliance of Section 50 of NDPS Act.

4. On the other hand, the learned APP for the State has opposed the prayer for bail and suspension of sentence by submitting that the appellants are said to have indulged in illegal transporting of charas in different countries. Huge quantity of Patna High Court CR. APP (SJ) No.4459 of 2024(8) dt.15-05-2025 drugs have been recovered from possession of the appellant Manoj Kumar Gupta. He has further submitted that so far the appellant Sunil Kumar Poddar is concerned, he is said to be supplier of the alleged charas. It has further been submitted that the appellant Manoj Kumar Gupta was intercepted by the NCB team, possessing a bag and in presence of Gazetted Officer in exercise of power conferred under Section 42 and 43 of the NDPS 1985, the bag was searched and after opening the said bag, charas was recovered and it was detected that the said charas was to be transported to SAMAY RAI, Room No. 15, Hotel Thorbecke Plin-3, 1017 CS-Amsterdam, the Netherland. It also came to light that the appellant Sunil Kumar Poddar used to import charas from Nepal and the same was used to be transported to foreign countries like USA, Germany and the Netherland.